CT law: Anyone can take videos of police actions

A heavy police presence was on hand as activists and friends of Jayson Negron hold a vigil near the Walgreen's along Fairfield Ave in Bridgeport, Conn., on Thursday May 9, 2019. They were there to mark the second anniversary of Negron's death after he was shot and killed by a police officer near the pharmacy.

A heavy police presence was on hand as activists and friends of Jayson Negron hold a vigil near the Walgreen's along Fairfield Ave in Bridgeport, Conn., on Thursday May 9, 2019. They were there to mark the

A heavy police presence was on hand as activists and friends of Jayson Negron hold a vigil near the Walgreen's along Fairfield Ave in Bridgeport, Conn., on Thursday May 9, 2019. They were there to mark the second anniversary of Negron's death after he was shot and killed by a police officer near the pharmacy.

A heavy police presence was on hand as activists and friends of Jayson Negron hold a vigil near the Walgreen's along Fairfield Ave in Bridgeport, Conn., on Thursday May 9, 2019. They were there to mark the

A 2015 state law enacted in response to New Haven police overreacting outside downtown bars, codifies the rights of bystanders, who may also file civil lawsuits to seek damages from municipalities in cases of police detaining or arresting witnesses.

The law, part of a legislative package mandating the use of body cameras, also protects witnesses of police actions.

“An employer of a peace officer who interferes with any person taking a photographic or digital still or video image of such peace officer or another peace officer acting in the performance of such peace officer’s duties shall be liable to such person in an action at law, suit in equity or other proper proceeding for redress,” says the law.

Senate President Pro Tempore Martin M. Looney, D-New Haven, recalled on Friday that the legislation was enacted in the wake of several incidents in New Haven in which police officers attacked witnesses who took video of late-night arrests outside downtown hot spots.

“People are allowed to document police as long as they are not interfering in the performance of police,” Looney said. “Most departments are training their officers to be aware of that law. It looks like in this (Bridgeport) case, the training didn’t take.”

New Haven Police came under criticism for arresting witnesses photographing cops since at least 2010.

Bridgeport police took Hearst reporter Tara O’Neill into custody at about 8:40 p.m. Thursday on Fairfield Avenue, near the site of the 2017 death of 15-year-old Jayson Negron, the driver of a stolen car who was shot by Bridgeport Police Officer James Boulay. Boulay was cleared of wrongdoing by the Waterbury State’s Attorney.

Eleven people were arrested Thursday night after police told a group of 35 protesters to get out of the street. O’Neill, who was taking video from the sidewalk, was handcuffed, driven to police headquarters and had her belongings taken away before she was released without charges.

But Dan Barrett, legal director of the American Civil Liberties Union of Connecticut, said Friday that even if she wasn’t booked, O’Neill was arrested and her civil rights apparently violated. He said that Bridgeport government, through the police department, seems to be investing resources in focusing on protests, when they should look within and make changes in public safety to assure no one else gets shot dead for a simple theft.

“The fact that she was cut loose without charges, they can call it anything they want, but they arrested her,” Barrett said in a phone interview.

News reporters, and anyone else, have First Amendment rights to gather information.

“We’re just horrified that both protesters and a journalist were arrested,” Barrett said. “Watching the government, I don’t want to downplay the experience of the people who were arrested, but we’re amazed that the Bridgeport city government seems more concerned with protesters rather than the circumstances that led to someone being shot dead for a property crime. Government tends not to be very good at what the threats to society are — for example, a journalist.”